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Treaty establishing the European Atomic Energy Community (Draft Headnote, 2019)

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Treaty establishing the European Atomic Energy Community (Draft Headnote, 2019)
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    This is a draft text / Please do not quote Document Title Treaty establishing the European Atomic Energy Community (EAEC Treaty)   Category This headnote pertains to: *Treaty establishing the European   Atomic Energy Community*, a treaty which is the constituent   instrument of an international organization. Jump to full text Organization or state that this headnote is  from   # European Atomic Energy Community [Euratom]   Organization or state that this headnote is about    # European Union [EU] Date 25 March 1957   Official citation 294 UNTS 167; 294 UNTS 259; UN Reg No I-4301 Content type Multilateral treaties Subject(s) #European Atomic Energy Community [Euratom]; Competences of international organizations; #European Union [EU]; NOTE TO OUP: SUGGESTED TAX TERMS: Nuclear Energy; Atomic Energy OUP ID OXIO 448   CITATOR ID: 7468328b-e226-453f-9657-48c41857f3df    This is a draft text / Please do not quote Background Signed in Rome on March 25 th  1957, the Treaty establishing the European Atomic Energy Community (hereafter ‘EAEC Treaty’ or ‘Treaty’) is one of the three founding treaties of the European Union that are currently in force, together with the Treaty on the Functioning of the European Union (‘TFEU’) and the Treaty on European Union (‘TEU’). A deeper insight into the nature and scope of the EAEC Treaty is merited not solely on account of the fact that it represents one of the primary legal instruments forming the backbone of European integration, but also due to the unique position that the EAEC Treaty and Community have in the international legal space. Namely, although the European Atomic Energy Community functionally belongs to the European Union’s institutional framework, there are certain areas where the Community operates somewhat independently - most notably, reflected in the way the Community relates to and communicates with other actors on the international scene (states and organizations). The beginning of the European integration project in the 1950’s was chiefly driven by the objectives of peace and economic prosperity, resulting in the initial adoption of three founding treaties and the creation of the three ‘European Communities’ (the Treaty establishing the European Atomic Energy Community (EAEC), the Treaty establishing the European Coal and Steel Community (ECSC), and the Treaty establishing the European Economic Community (EEC)). The ECSC and the EEC are no longer in existence today while the EEC Treaty has been transformed into what is now known as the Treaty on the Functioning of the EU (TFEU)). Although the EAEC Treaty is the European Union’s oldest founding treaty still in effect today, it has undergone very few amendments since its adoption, none of which have been substantial. The Treaty regulates different sectors of the civil nuclear industry in Europe and is centred on promoting the civil applications of nuclear energy. All Member States of the European Union (‘EU’) (‘Union’) are parties to the EAEC Treaty and members of the European Atomic Energy Community (‘EAEC’) (‘Community’).    This is a draft text / Please do not quote Analysis Core Issues   1.   The objectives and the scope of application of the EAEC Treaty (sectors of the civil nuclear industry covered by the Treaty) 2.   The decision-making powers of the European Commission and the Council of the EU under the EAEC Treaty 3.   The unique status of the EAEC Community within the EU legal and institutional framework 4.   The durability of the EAEC Treaty and its ‘undemocratic’ character Summary   According to Article 1, the task of the EAEC is “to contribute to the raising of the standard of living in the Member States and to the development of relations with the other countries by creating the conditions necessary for the speedy establishment and growth of nuclear industries”. [Art 1]  For the purpose of performing this  pivotal task, the EAEC undertakes activities in a number of different sectors, each covered under a separate chapter of the EAEC Treaty: Promotion of Nuclear Research (Chapter 1), Dissemination of Information (Chapter 2), Health and Safety (Chapter 3), Investment in nuclear projects (Chapter 4), Joint Undertakings (Chapter 5),  Nuclear Supplies (Chapter 6), Nuclear Safeguards (Chapter 7), Property Ownership (Chapter 8), Nuclear Common Market (Chapter 9), and External Relations of the EAEC (Chapter 10). It is important to note from the outset that the EAEC does not have its own independent institutions and is governed by the EU institutions, most notably: the European Commission, the Council of the EU, the European Parliament and the Court of Justice of the EU. [Art 106a]  In the field of  Promotion of Nuclear Research , the European Commission is the organ responsible to promote and facilitate nuclear research in the Member States, charged with overseeing the operation of the Community’s nuclear research and training  programme. [Arts 4-11]  The chapter on  Dissemination of  Information  governs the flow of information relevant to the nuclear industry where the European Commission exercises full authority over the dissemination of that information. [Arts.12,13,14-23]  By adopting security regulations, the Council of the EU attaches various security gradings to the information, modifies a particular security grading or declassifies certain information. [Art 24]  Under the  Health and Safety  chapter, the European Commission drafts the basic standards for the protection of the health of workers and the general public against the dangers of ionizing radiation, after obtaining the opinion of a group of persons appointed by the Scientific and Technical Committee and the opinion of the    This is a draft text / Please do not quote Economic and Social Committee. The Council of the EU adopts the  basic standards acting by a qualified majority, after consulting the European Parliament and taking account of the opinions expressed  by the two relevant Committees. [Art 31]  In accordance with the Treaty provisions on Investment, the European Commission is tasked to stimulate investment activities  by persons and undertakings and to facilitate coordinated development of investment in the nuclear field, inter alia, by  publishing illustrative programmes that set nuclear energy  production targets and seek out the types of investment required for their attainment. [Art 40]  The chapter on  Joint Undertakings  provides the option for undertakings which are of essential importance to the development of the nuclear industry in the Community to qualify to be established as ‘Joint Undertakings’. [Arts 45, 46]  The European Commission forwards the project for establishing a Joint Undertaking together with a reasoned opinion to the Council of the EU which in turn adopts the decision approving the establishment of a joint undertaking by a qualified majority. [Arts 46,47]  In the field of  Nuclear Supplies , the supply of ores, source materials and special fissile materials is ensured by the institution of a common supply policy based on the principle of equal access to sources of supply [Art 52(1)] ; for the purposes of the EAEC Treaty, ‘ores, source materials and special fissile materials’ are defined in [Art 197] . Further to this, the Euratom Supply Agency has been created to pursue these tasks under the supervision of the European Commission, which in turn can issue directives to the Agency and is entitled to veto its decisions. [Art 53(1)]  With the goal of securing the non-diversion of nuclear materials in the Community, by virtue of the provisions of the Safeguards  chapter, the European Commission verifies that in the territories of Member States ores, source materials and special fissile materials are not diverted from their intended uses. [Art 81]  The European Commission can issue directives urging Member States to take measures to rectify the infringement of their safeguards obligations and informs the Council of the EU of this. [Art.82(3)]  The European Commission can impose sanctions on persons and undertakings that have breached their safeguards obligations. [Art 83]  Under the  Property Ownership  chapter, special fissile materials are the property of the EAEC whereby the Community's right of ownership extends to all special fissile materials produced or imported by a Member State, a person or an undertaking in the Community. [Art 86] For the purpose of the creation of a  Nuclear Common Market  , Member States are required to abolish all customs duties on imports and exports or charges having equivalent effect,    This is a draft text / Please do not quote as well as all quantitative restrictions on imports and exports, of the goods and products specified in [Annex IV] . [Art 93]  In addition, all restrictions based on nationality that potentially affect the right of nationals of any Member State to take skilled employment in the field of nuclear energy are abolished. [Art.96(1)]  Further to the  External Relations  provisions of the Treaty, the EAEC is granted the capacity to conclude agreements or contracts with third parties which are to be negotiated by the European Commission (following directives issued by the Council of the EU) and concluded by the European Commission (subject to approval by the Council of the EU). [Art.101(2)]   Analysis   The adoption of the EAEC Treaty marks the first phase in the development of international nuclear law, covering the period  between the late 1940s and early 1950s which was characterized by a proliferation of instruments promoting the peaceful uses of nuclear  power. Apart from the prevalent economic objective (that of  promoting the civil nuclear industry), the EAEC Treaty concomitantly pursues the objective of preserving the peace on the European continent. [Preamble]  Although the Treaty does not explicitly state this, military applications of nuclear energy are considered excluded from its scope of application (as reiterated by the Court of Justice of the EU in its judgments in cases C-61/03 Commission v UK [ECR 2005 p. I-2477],  and C-65/04 Commission v UK [ECR 2006 p. I-2239] ). The EAEC Treaty establishes a unique type of supranational regulation in diverse sectors of the civil nuclear industry. In spite of  being billed a ‘technocratic’ treaty in view of the nature of its subject matter [Cenevska, 2016, p13,33] , the majority of the EAEC Treaty  provisions are not regulatory in nature and relegate to the rule-making powers of the institutions, which is in line with the Treaty’s ‘promotional’ character stemming from the objective of promotion of the civil nuclear industry. [Scheinmann, 1967, p56] The EAEC is not a separate international organization, at least not in the traditional sense. The EAEC is part of the EU’s institutional and legal system, created within the frames of the EU’s three founding treaties (TFEU, TEU, and the EAEC Treaty). Nevertheless, in spite of functionally belonging to the EU framework, the EAEC enjoys a separate legal personality from that of the Union and is free to enter into negotiations and conclude agreements independently from the EU. [Art 184]  The institutional dynamic under the EAEC compact, as it flows from the provisions of the EAEC Treaty, exhibits several unique features that set it apart from the rest of the EU framework. This singular institutional dynamic is reflected in the established division
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